In the matter of an Application for Writs of Certiorari and Mandamus against the Honourable Anthony McIntyre, a Vice President of the Australian Industrial Relations Commission, the Honourable John MacBean, a Senior Deputy President of the Australian Industrial Relations Commission and the Honourable Anne Harrison, a Deputy President of the Australian Industrial Relations Commission- First Respondents, State of Victoria - Second Respondent, State of South Australia - Third Respondent; Ex Parte: Community and Public Sector Union & In the matter of an Application for Writ of Prohibition against the Honourable Anthony William Donald McIntyre, the Honourable John William MacBean and the Honourable Anne Harrison, respectively, Vice Presdient, Senior Deputy President and Deputy President of the Australian Industrial Relations Commission - First Respondent, Community and Public Sector Union - Second Respondent; Ex Parte: State of Victoria [1995] IRCA 491

In the matter of an Application for Writs of Certiorari and Mandamus against the Honourable Anthony McIntyre, a Vice President of the Australian Industrial Relations Commission, the Honourable John MacBean, a Senior Deputy President of the Australian Industrial Relations Commission and the Honourable Anne Harrison, a Deputy President of the Australian Industrial Relations Commission- First Respondents, State of Victoria - Second Respondent, State of South Australia - Third Respondent; Ex Parte: Community and Public Sector Union & In the matter of an Application for Writ of Prohibition against the Honourable Anthony William Donald McIntyre, the Honourable John William MacBean and the Honourable Anne Harrison, respectively, Vice Presdient, Senior Deputy President and Deputy President of the Australian Industrial Relations Commission - First Respondent, Community and Public Sector Union - Second Respondent; Ex Parte: State of Victoria [1995] IRCA 491

The Full Bench of the Commission erred in revoking the finding of dispute by treating service of the 1994 log as necessarily constituting abandonment of the 1993 claims and thereby ending the dispute; this was an error of law amounting to a jurisdictional error, as it failed to address the correct legal question in context and misapplied relevant authority.

Jurisdiction
Australia
Judgment Date
20 September 1995
Procedural Posture
Applications for Prerogative Relief (certiorari, Mandamus and Prohibition) Under Industrial Law / Full Court Judgment on Applications for Relief Challenging Decisions of the Australian Industrial Relations Commission
Outcome
Application for certiorari and mandamus granted; application for prohibition dismissed.
Legal Topics
['industrial Disputes' 'paper Disputes' 'log of Claims' 'prerogative Relief' 'jurisdictional Error' 'amalgamation of Unions' 'revocation of Findings of Dispute']
['industrial Law' 'administrative Law' 'constitutional Law'] ['industrial Disputes' 'paper Disputes' 'log of Claims' 'prerogative Relief' 'jurisdictional Error' 'amalgamation of Unions' 'revocation of Findings of Dispute']

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Procedural Posture

Applications for Prerogative Relief (certiorari, Mandamus and Prohibition) Under Industrial Law / Full Court Judgment on Applications for Relief Challenging Decisions of the Australian Industrial Relations Commission

Legal Issues

  1. 1 ['Whether service of a new log of claims by a union effects abandonment or termination of a prior dispute created by earlier claims' 'Whether deregistration of a union upon amalgamation ends a dispute as to those claims' 'Whether the Commission made a jurisdictional error in revoking a finding of dispute' 'Circumstances for grant of prerogative relief—certiorari, mandamus, prohibition']

Ratio Decidendi

The Full Bench of the Commission erred in revoking the finding of dispute by treating service of the 1994 log as necessarily constituting abandonment of the 1993 claims and thereby ending the dispute; this was an error of law amounting to a jurisdictional error, as it failed to address the correct legal question in context and misapplied relevant authority.

Court Disposition

Application for certiorari and mandamus granted; application for prohibition dismissed.

Orders

  • ['A writ of certiorari issue to bring in the record of the proceedings and quash the orders made by the Commission’s Full Bench on 19 January 1995 in the relevant matters.' 'A writ of mandamus issue requiring the Full Bench members to hear and determine the appeals according to law.' 'Application for prohibition...